Ariz. Admin. Code § 10-2-101

Current through Register Vol. 30, No. 50, December 13, 2024

Section R10-2-101 - Definitions

A. Words and phrases defined in A.R.S. §§ 41-1491.04, 41-1491.19, and 41-1491.20, when used in this Article, have the defined meaning.

B. Other definitions:

1. "Accessible", when used with respect to the public and common-use areas of a building containing covered multifamily dwellings, means that the public or common-use areas of the building can be approached, entered, and used by individuals with physical handicaps. The phrase "readily accessible to and usable by" is synonymous with accessible.

2. "Accessible route" means a continuous unobstructed path connecting accessible elements and spaces in a building or within a site that can be negotiated by a person with a severe disability using a wheelchair and that is also safe for and usable by people with other disabilities. Interior accessible routes include corridors, floors, ramps, elevators, and lifts. Exterior accessible routes include parking access aisles, curb ramps, walks, ramps, and lifts. A route that complies with 24 CFR 40(1993), and no further amendments or additions, incorporated herein by reference and on file with the Office of the Secretary of State and at the Offices of the Attorney General, Civil Rights Division, or a comparable standard is an "accessible route".

3. "Act" means the Fair Housing Act or A.R.S. Title 41, Chapter 9, Article 7.

4. "Appraisal" means an estimate or opinion of the value of a specified residential real property made in a business context in connection with the sale, rental, financing, or refinancing of a dwelling or in connection with any activity that otherwise affects the availability of a residential real estate-related transaction, whether the appraisal is oral or written, or transmitted formally or informally. The appraisal includes all written comments and other documents submitted as support for the estimate or opinion of value.

5. "Attorney General" means the Attorney General of the state of Arizona, the Civil Rights Section or Division of the Arizona Attorney General's Office, or any person or persons the Attorney General may delegate to act on his or her behalf.

6. "Broker" or "Agent" means any person authorized to act on behalf of another person regarding any matter related to the administration, sale, rental, or lease of dwellings. Acts may include offers, solicitations, contracts, or any residential real estate-related transactions.

7. "Building" means a structure, facility, or portion of a structure or facility that contains or serves one or more dwelling units.

8. "Building entrance on an accessible route" means an accessible entrance to a building that is connected by an accessible route to public transportation stops, to parking and passenger loading zones, or to public streets or sidewalks, if available.

9. "Civil Rights Section" means the Civil Rights Section or Division of the Arizona Attorney General's Office.

10. "Common-use areas" means rooms, spaces, or elements inside or outside a building that are made available for the use of residents of a building or their guests. These areas include hallways, lounges, lobbies, laundry rooms, refuse rooms, mail rooms, recreational areas, parking lots, and passageways among and between buildings.

11. "Drug" means a controlled substance, as defined in schedules I through V of Section 202 of the Controlled Substances Act ( 21 U.S.C. 812(1994)) , and no further amendments or additions, incorporated herein by reference and on file with the Office of the Secretary of State and the Arizona Attorney General, Civil Rights Division.

12. "Dwelling unit" means a single unit of residence for a household of one or more persons.

13. "Entrance" means any access point to a building or portion of a building used by residents for the purpose of entering.

14. "Exterior" means all areas of the premises outside of an individual dwelling unit.

15. "First occupancy" means occupancy of a building that has never before been used for any purpose.

16. "Ground floor" means a floor of a building with a building entrance on an accessible route. A building may have more than one ground floor.

17. "Handicap" means:

a. With respect to an individual:

i. A physical or mental impairment that substantially limits one or more of the major life activities of the individual;

ii. A record of the impairment; or

iii. Being regarded as having such an impairment.

b. Nothing in this Article or the Act excludes from the definition of a "handicap" an individual who:

i. Has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or has otherwise been rehabilitated successfully and is no longer engaging in the illegal use of drugs;

ii. Is participating in a supervised rehabilitation program and is no longer engaging in the illegal use of drugs; or

iii. Is erroneously regarded as engaging in the illegal use of drugs but is not doing so.

c. As used in this definition:

i. "Physical or mental impairment" includes:

(1) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genito-urinary; hemic and lymphatic; skin; and endocrine; or

(2) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities. The term "physical and mental impairment" includes such diseases and conditions as orthopedic, visual, speech, and hearing impairments, cerebral palsy, autism, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, Human Immunodeficiency Virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current, illegal use of a controlled substance) and alcoholism.

ii. "Major life activities" means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working.

iii. "Has a record of such an impairment" means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.

iv. "Is regarded as having an impairment" means:

(1) Has a physical or mental impairment that does not substantially limit one or more major life activities but that is treated by another person as constituting such limitation;

(2) Has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of others toward such an impairment; or

(3) Has none of the impairments defined in subsection (c)(i) of this definition but is treated by another person as having such an impairment.

18. "Illegal use of drugs" means the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act ( 21 U.S.C. 812) (1994) and no further additions or amendments, incorporated herein by reference and on file with the Office of the Secretary of State and the Arizona Attorney General, Civil Rights Division. Such term does not include the use of a drug taken under supervision by a licensed health care professional, or other uses authorized by the Controlled Substances Act ( 21 U.S.C. 801 et seq.) (1994) and no further additions or amendments, incorporated herein by reference and on file with the Office of the Secretary of State and the Arizona Attorney General, Civil Rights Division.

19. "Interior" means the spaces, parts, components, or elements of an individual dwelling unit.

20. "Modifications" means any change to the public or common-use areas of a building or any change to a dwelling unit.

21. "Premises" means the interior or exterior spaces, parts, components, or elements of a building, including individual dwelling units and the public and common-use areas of a building.

22. "Public-use Areas" means interior or exterior rooms or spaces of a building that are made available to the general public. Public use may be provided at a building that is privately or publicly owned.

23. "Receipt of notice" occurs when service of notice is completed.

24. "Service of notice" means service instituted by the Attorney General in accordance with A.R.S. § 41-1403 or Rule 4 of the Rules of Civil Procedure.

25. "Site" means a parcel of land bounded by a property line or a designated portion of a public right of way.

Ariz. Admin. Code § R10-2-101

Adopted effective December 2, 1994 (Supp. 94-4).